 | Nathaniel Cleveland Moak - 1878 - 918 pàgines
...*been made on a special case. Then came the late [198 act, which merely said that a suit should not be open to objection on the ground that a merely declaratory decree or order was sought. It enabled the court, in its discretion, where it should appear to be necessary for the... | |
 | Charles Edward Pollock - 1880 - 1036 pàgines
...just and expedient. L. No suit in the said court shall be open to objection on the ground Nouuittobe that a merely declaratory decree or order is sought thereby, and it objected to shall be lawful for the court to make binding declarations of right aSaratory without granting... | |
 | Augustine Robert Whiteway - 1883 - 904 pàgines
...or judgment to be entered accordingly, as may be just. Cf. 0. 19, r. 27. *5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations of right, whether... | |
 | 1884 - 776 pàgines
...They do nob say that no suit shall lie in which a merely declaratory order or decree is sought, but that " no suit shall be open, to objection, on the ground that a merely declaratory order or decree is sought thereby ;" and I do not think it was the intention of the Legislature to... | |
 | Nova Scotia - 1884 - 794 pàgines
...dismissed, or judgment to be entered accordingly, as may be just. (E. 288.) 5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 pàgines
...stayed or dismissed, or judgment to be entered accordingly, as may be just. 5. Xo action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Ooart may make binding declarations of right whether any... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 798 pàgines
...86, §. 60 'now repealed, , which provided as follows : — " No suit in the said Court shall be op*n to objection on the ground that a merely declaratory decree or order is sonsrht thereby, and it shall be lawful for the Court to make binding declarations of rijrht witho'ut... | |
 | Sir George Osborne Morgan, Edward Albert Wurtzburg - 1885 - 804 pàgines
...Fictitious Miit. Special cases. Lands Clauses Act. Consequential relief. Appeal. 5. No action, or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any... | |
 | John Indermaur - 1885 - 412 pàgines
...Walford, 32, WR 379; WN (1384) 87. It is specially provided that no action or pro- Claim for ceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought allowed, thereby, and the Court may make binding declarations of right,... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1886 - 846 pàgines
...relief. Last session our Legislature, by 48 Viet., ch. 13 t sec. 5, enacted : " No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make •binding declarations of right whether... | |
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No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make binding declarations of right whether any consequential relief is or could be claimed or not. 
